NCR Ltd v Riverland Portfolio No1 Ltd

NCR Ltd v Riverland Portfolio No1 Ltd

Riverland's refusal of consent and the time taken to decide were reasonable, given genuine concerns about the covenant strength of the proposed undertenant and the impact on the property's value, supported by expert evidence; the judge below set the standard too high and gave inadequate weight to these concerns.

Parties
Claimant/respondent: NCR Limited; Defendant/appellant: Riverland Portfolio No.1 Limited
Jurisdiction
England and Wales
Judgment Date
21 March 2005
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; declarations made by the Judge set aside.
Legal Topics
Consent to Underletting, Reasonableness of Refusal, Statutory Duties Under Landlord and Tenant Act 1988, Reverse Premium, Covenant Strength, Damages for Breach of Statutory Duty
Landlord and Tenant Property Law Contract Law Consent to Underletting Reasonableness of Refusal Statutory Duties Under Landlord and Tenant Act 1988 Reverse Premium Covenant Strength +1 more

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Parties

NCR Limited

Claimant/respondent

Riverland Portfolio No.1 Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Was the decision to refuse consent made within a reasonable time?
  2. 2 Was consent unreasonably refused?
  3. 3 Was the application for consent invalidated by a change in the details of the proposed transaction?

Ratio Decidendi

Riverland's refusal of consent and the time taken to decide were reasonable, given genuine concerns about the covenant strength of the proposed undertenant and the impact on the property's value, supported by expert evidence; the judge below set the standard too high and gave inadequate weight to these concerns.

Court Disposition

Appeal allowed; declarations made by the Judge set aside.

Orders

  • Declarations of breach by Riverland are set aside.
  • No damages awarded to NCR.